Search Results for: Article 43 EC

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Rivella International v OHMI – Baskaya Di Baskaya Alim (Baskaya): ECFI 12 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for the Community figurative mark BASKAYA – Earlier international figurative mark Passaia – Proof of genuine use of the earlier mark – Relevant territory – Article 42(2) and (3) of Regulation (EC) No 207/2009 Judges: H. Kanninen, P Citations: T-170/11, [2012] EUECJ T-170/11 Links: Bailii Statutes: … Continue reading Rivella International v OHMI – Baskaya Di Baskaya Alim (Baskaya): ECFI 12 Jul 2012

Bakanov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 61929/17, [2022] ECHR 843 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681638

Ostapenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 19143/21, [2022] ECHR 802 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681716

Constantin-Lucian Spinu v Romania: ECHR 11 Oct 2022

ECHR Judgment : No Article 9 – Freedom of thought, conscience and religion : Fourth Section Citations: 29443/20, [2022] ECHR 810 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681661

Gordanovy v Russia: ECHR 4 Oct 2022

ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 7434/18, [2022] ECHR 766 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681673

VW v Commission (Judgment): ECFI 16 Dec 2020

Civil service – Officials – Surviving spouse – Survivor’s pension – Articles 18 and 20 of Annex VIII to the Staff Regulations – Conditions of eligibility – Duration of marriage – Exception of illegality – Equal treatment – Principle of proportionality Citations: T-243/18, [2020] EUECJ T-243/18, ECLI: EU:T:2020:619 Links: Bailii Jurisdiction: European Employment Updated: 03 … Continue reading VW v Commission (Judgment): ECFI 16 Dec 2020

Commission v Greece (Habitats Dans La Region Biogeographique Mediterraneenne) (Judgment): ECJ 17 Dec 2020

Failure by a State to fulfill obligations – Environment – Directive 92/43 / EEC – Conservation of natural habitats and of wild fauna and flora – Special areas of conservation – Article 4, paragraph 4 – Obligation to set conservation objectives – Article 6, paragraph 1 – Obligation to take conservation measures – Decision 2006/613 … Continue reading Commission v Greece (Habitats Dans La Region Biogeographique Mediterraneenne) (Judgment): ECJ 17 Dec 2020

J1 v Secretary of State for The Home Department: SIAC 15 Apr 2011

Deportation – Substantive (National Security) – Dismissed Citations: [2011] UKSIAC 98/2010) Links: Bailii Cited by: See Also – J1 v Secretary of State for The Home Department SIAC 11-Jul-2011 Deportation – Substantive (Safety On Return) – Dismissed . .At SIAC – J1 v Secretary of State for The Home Department CA 27-Mar-2013 The applicant said … Continue reading J1 v Secretary of State for The Home Department: SIAC 15 Apr 2011

Coats Holdings v Commission: ECFI 27 Jun 2012

ECFI Competition – Agreements, decisions and concerted practices – Markets for zip fasteners and ‘other fasteners’ – Decision finding an infringement of Article 81 EC – Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information – Evidence – Single and continuous infringement – Limitation period – Rights of the … Continue reading Coats Holdings v Commission: ECFI 27 Jun 2012

Shanovskyy v Ukraine: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 61431/15, [2022] ECHR 830 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681741

Xxxlutz Marken v OHMI – Meyer Manufacturing (Circon): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark CIRCON – Earlier Community word mark Circulon – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Distinctive high – Reputation – Article 8, paragraph a, b) of Regulation (EC) No 207/2009 – Procedure before the Board of … Continue reading Xxxlutz Marken v OHMI – Meyer Manufacturing (Circon): ECFI 13 Jun 2012

Sud-Chemie v OHMI – Byk-Cera (Ceratix): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark CERATIX – Earlier national word mark CERATOFIX – Genuine use of earlier mark – Article 42, paragraphs 2 and 3 of Regulation (EC) No 207/2009 Judges: Truchot P Citations: T-312/11, [2012] EUECJ T-312/11 Links: Bailii European, Intellectual Property Updated: 01 November 2022; … Continue reading Sud-Chemie v OHMI – Byk-Cera (Ceratix): ECFI 13 Jun 2012

Pareto Trading v EUIPO – Bikor and Bikor Professional Color Cosmetics (Bikor Egyptian Earth) (EU Trade Mark – Judgment): ECFI 16 Dec 2020

EU trade mark – Invalidity proceedings – EU word mark BIKOR EGYPTIAN EARTH – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) Citations: ECLI:EU:T:2020:630, T-438/18, [2020] EUECJ T-438/18 Links: Bailii Jurisdiction: European Intellectual Property Updated: 31 October 2022; Ref: scu.660743

Samsung Electronics (UK) Ltd v Apple Inc: CA 30 May 2012

Samsung sought a declaration that it’s Galaxy tablet did not infringe Apple’s registered Community Design right. Apple now appealed against a refusal of a stay of the action. The court considered the possible jurisdictions to hear applications for declarations of non-infringement. Held: ‘on our reading of article 91(1) it does not require that Samsung’s claim … Continue reading Samsung Electronics (UK) Ltd v Apple Inc: CA 30 May 2012

Smagina And Vladimirov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 41891/15, [2022] ECHR 787 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.681743

Universal Display v OHIM (Universalpholed): ECJ 2 May 2012

ECJ Community trade mark – International registration designating the European Community – Application for Community word mark UniversalPHOLED – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 Judges: L. Truchot, P Citations: T-435/11, [2012] EUECJ T-435/11 Links: Bailii Statutes: Regulation (EC) No 207/2009 7(1)(c) European, Intellectual Property Updated: … Continue reading Universal Display v OHIM (Universalpholed): ECJ 2 May 2012

FIM Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU) C-338/11: ECJ 10 May 2012

ECJ 1 The references for a preliminary ruling concern the interpretation of Articles 63 and 65 TFEU concerning the difference in tax treatment between non-resident and resident collective investment undertakings for collective investment in securities (UCITS). 2 Since the abovementioned cases are related by reason of their subject-matter, it is appropriate, in accordance with Article … Continue reading FIM Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU) C-338/11: ECJ 10 May 2012

Storck v OHIM C-24/05: ECJ 22 Jun 2006

ECJ Appeal – Community trade mark – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 – Absolute ground for refusal to register – Three-dimensional mark – Three-dimensional shape of a light-brown sweet – Distinctive character. Citations: C-24/05, [2006] EUECJ C-24/05 Links: Bailii Jurisdiction: European Intellectual Property Updated: 27 October 2022; Ref: scu.243011

Storck v OHIM C-25/05: ECJ 22 Jun 2006

ECJ Appeal – Community trade mark – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 – Absolute ground for refusal to register – Figurative mark – Representation of a gold-coloured sweet wrapper – Distinctive character. Citations: C-25/05, [2006] EUECJ C-25/05 Links: Bailii Jurisdiction: European Intellectual Property Updated: 27 October 2022; Ref: scu.243012

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04: ECJ 13 Jul 2006

ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04: ECJ 13 Jul 2006

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006

Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006

Syndicat Interprofessionnel De Defense Du Fromage Morbier: ECJ 17 Dec 2020

Reference for a preliminary ruling – Agriculture – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Regulation (EC) No 510/2006 – Regulation (EU) No 1151/2012 – Article 13(1)(d) – Practice liable to mislead the consumer as to the true origin of the product – Reproduction of the shape or … Continue reading Syndicat Interprofessionnel De Defense Du Fromage Morbier: ECJ 17 Dec 2020

Lidl Stiftung v EUIPO – Plasticos Hidrosolubles (Green Cycles) (EU Trade Mark – Judgment): ECFI 29 Apr 2020

EU trade mark – Revocation proceedings – European Union figurative mark green cycles – Genuine use of the mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Article 10(3) and (4) of Delegated Regulation (EU) 2018/625 – Form differing in elements which do not alter the distinctive character – … Continue reading Lidl Stiftung v EUIPO – Plasticos Hidrosolubles (Green Cycles) (EU Trade Mark – Judgment): ECFI 29 Apr 2020

Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

Commission v France: ECJ 21 Jun 2001

Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of … Continue reading Commission v France: ECJ 21 Jun 2001

Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

Matveyeva And Others v Russia: ECHR 6 Dec 2018

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Struck out of the list : Third Section Committee Citations: 54430/08, [2018] ECHR 994, [2022] ECHR 626 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 October 2022; Ref: scu.631287

Information Commissioner (Decision Notice): ICO 19 Jun 2012

The complainant has requested a copy of legal advice referred to by an employee of the public authority in a newspaper article. The public authority stated that this information was not held. The complainant referred to a piece of legal advice that had been discussed at the Leveson Inquiry and queried whether this fell within … Continue reading Information Commissioner (Decision Notice): ICO 19 Jun 2012

Commissioners of Customs and Excise v Institute of Directors, BAA Plc v Commissioners of Customs and Excise: CA 11 Dec 2002

The court examined arrangements whereby organisations which were not banks, endorsed credit cards to be issued by banks to their members. Held: The granting of credit was exempt from VAT, and also were exempted negotiations of credit and the provision of intermediary services. It was wrong to seek to characterise the arrangement as the mere … Continue reading Commissioners of Customs and Excise v Institute of Directors, BAA Plc v Commissioners of Customs and Excise: CA 11 Dec 2002

Dvorski v Croatia: ECHR 20 Oct 2015

Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, of the concept of a fair trial in criminal proceedings contained in article 6.1 (see Imbrioscia v Switzerland (1994) 17 EHRR 441, 24 November 1993, paras 36 and … Continue reading Dvorski v Croatia: ECHR 20 Oct 2015

Mayzit v Russia: ECHR 20 Jan 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3; Violation of Art. 5-4; No violation of Art. 6-3-c; No violation of Art. 6-3-b; Non-pecuniary damage – financial award.The applicant wished to be represented by his mother and sister. His request that they be permitted to appear for him was refused on the basis … Continue reading Mayzit v Russia: ECHR 20 Jan 2005

Nadtoka v Russia (No 2): ECHR 8 Oct 2019

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section ECHR Judgment : Non-pecuniary damage – award : Third Section Citations: 29097/08, [2019] ECHR 686, [2020] ECHR 665 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646643

IE v Magistrat Der Stadt Wien (Conservation of Natural Habitats and of Wild Fauna and Flora – European Hamster – Judgment): ECJ 2 Jul 2020

Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV – Cricetus cricetus (European hamster) – Resting places and breeding sites – Deterioration or destruction – Areas which have been abandoned Citations: … Continue reading IE v Magistrat Der Stadt Wien (Conservation of Natural Habitats and of Wild Fauna and Flora – European Hamster – Judgment): ECJ 2 Jul 2020

Hamalainen v Finland: ECHR 16 Jul 2014

Grand Chamber Citations: 37359/09 – Grand Chamber Judgment, [2014] ECHR 787, [2014] ECHR 974, [2015] 1 FCR 379 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Hamalainen v Finland ECHR 16-Jul-2014 ECHR Grand Chamber – Article 8-1 Respect for family life Respect for private life Refusal to … Continue reading Hamalainen v Finland: ECHR 16 Jul 2014

Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 29 Jan 2008

ECJ Information society Obligations of providers of services Retention and disclosure of certain traffic data Obligation of disclosure Limits Protection of the confidentiality of electronic communications Compatibility with the protection of copyright and related rights Right to effective protection of intellectual property. Citations: [2008] EUECJ C-275/06, C-275/06 Links: Bailii Jurisdiction: European Citing: See Also – … Continue reading Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 29 Jan 2008

Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986

ECJ Procedure – action brought before the court under an arbitration clause -jurisdiction to hear and determine a counterclaim – basis – conditions (ECSC treaty, art. 42; EEC treaty, art. 181; EAEC treaty, art. 153). Although under an arbitration clause the court is called upon to resolve a dispute in accordance with the national law … Continue reading Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986

Euroeco Fuels (Poland) Ltd and Others v Szczecin and Swinoujscie Seaports Authority Sa and Others: CA 11 Nov 2019

Appeal from order declining jurisdiction.Lewison LJ pointed out: ‘So far as the question of irreconcilable judgments is concerned, I wish to reserve my opinion for a case in which it matters. I simply make the following observations. Judgment in The Tatry was given on 6 December 1994. Shevill was argued before the Grand Chamber on … Continue reading Euroeco Fuels (Poland) Ltd and Others v Szczecin and Swinoujscie Seaports Authority Sa and Others: CA 11 Nov 2019

Vasetinskiy And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 37436/18, [2022] ECHR 705 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681107

Braathens Regional Aviation (Equal Treatment Between Persons Irrespective of Racial or Ethnic Origin – Compensation for Discrimination): ECJ 14 May 2020

(Opinion) Reference for a preliminary ruling – Directive 2000/43/EC – Equal treatment between persons irrespective of racial or ethnic origin – Article 7 – Defence of rights – Article 15 – Sanctions – Action for compensation for discrimination – Admission mechanism – Refusal by the defendant to acknowledge the existence of discrimination despite the express … Continue reading Braathens Regional Aviation (Equal Treatment Between Persons Irrespective of Racial or Ethnic Origin – Compensation for Discrimination): ECJ 14 May 2020

Orishchenko And Region-36 v Russia: ECHR 20 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 50690/11, [2022] ECHR 743 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681173

Kuznetsov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 43853/18, [2022] ECHR 706 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681088

Jansons v Latvia: ECHR 8 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 1434/14, [2022] ECHR 672 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681017

Nissan Jidosha v OHIM (CVTC): ECFI 4 Mar 2015

ECJ Judgment – Community trade mark – Request for renewal of the Community figurative mark CVTC – Partial renewal – Article 47 of Regulation (EC) No 207/2009 Citations: T-572/12, [2015] EUECJ T-572/12, ECLI:EU:T:2015:136 Links: Bailii Statutes: Regulation (EC) No 207/2009 47 Jurisdiction: European Intellectual Property Updated: 12 October 2022; Ref: scu.543915

Three-N-Products v OHMI – Munindra (Pranayur): ECFI 4 Mar 2015

ECJ Community trade mark – Opposition proceedings – Application for Community word mark PRANAYUR – Earlier Community word mark AYUR and earlier Community figurative marks Ayur, Ayur Naturals Herbals and Aanb – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: T-543/13, [2015] EUECJ T-543/13, ECLI:EU:T:2015:134 Links: … Continue reading Three-N-Products v OHMI – Munindra (Pranayur): ECFI 4 Mar 2015

Ministero dell’Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group Srl and Others: ECJ 4 Mar 2015

ECJ (Judgment) Reference for a preliminary ruling – Article 191(2) TFEU – Directive 2004/35/EC – Environmental liability – National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed … Continue reading Ministero dell’Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group Srl and Others: ECJ 4 Mar 2015

FSA v OHMI – Motokit Veiculos E Acessorios (FSA K-Force): ECFI 4 Mar 2015

Judgment – Community trade mark – Invalidity proceedings – Community word mark FSA K-FORCE – Earlier Community word mark FORCE-X – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009 Citations: T-558/13, [2015] EUECJ T-558/13 Links: Bailii Statutes: Regulation No 207/2009 … Continue reading FSA v OHMI – Motokit Veiculos E Acessorios (FSA K-Force): ECFI 4 Mar 2015

Akhmetzyanov And Others v Russia: ECHR 28 Jul 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 61350/19, [2022] ECHR 622 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 October 2022; Ref: scu.680543

Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013

All agricultural and forest land transactions in Austria required approval by local and regional authorities (in the Tyrol, the Tyrol Real Property Transactions Commission), the aim being to preserve land for agriculture and forestry and avoid the proliferation of second homes. The applicatant association was formed to promote sound agricultural and forest property ownership and … Continue reading Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013

Rehbein v OHMI – Dias Martinho (Outburst): ECFI 28 Mar 2012

ECFI Community trade mark – Opposition proceedings – Application for registration of the Community figurative mark OUTBURST – Earlier national word mark OUTBURST – Genuine use of the earlier trade mark – Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) – Production of evidence … Continue reading Rehbein v OHMI – Dias Martinho (Outburst): ECFI 28 Mar 2012

Saadi v United Kingdom: ECHR 29 Jan 2008

(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants falling within defined criteria (usually by nationality) were normally detained at Oakington while their claims … Continue reading Saadi v United Kingdom: ECHR 29 Jan 2008

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

Tabbakh v United Kingdom: ECHR 21 Feb 2012

In 2000 the applicant fled Syria. In November 2001 he arrived in the United Kingdom and claimed political asylum. It was accepted that he had a well-founded fear of persecution if returned to Syria and in July 2005 he was granted Indefinite Leave to Remain in the United Kingdom as a refugee. On 18 December … Continue reading Tabbakh v United Kingdom: ECHR 21 Feb 2012

Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

La Baronia De Turis v OHMI- Baron Philippe De Rothschild (La Baronnie): ECFI 10 Jul 2006

ECJ Community trade mark – Opposition proceedings – Application for Community word mark LA BARONNIE – Earlier national word mark BARONIA – Proof of use of earlier mark – Evidence produced for the first time before the Board of Appeal – Admissibility – Scope of the examination conducted by the Boards of Appeal – Articles … Continue reading La Baronia De Turis v OHMI- Baron Philippe De Rothschild (La Baronnie): ECFI 10 Jul 2006

Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 12 Dec 2013

ECJ Judicial protection – Principle of effectiveness – Principles of legal certainty and the protection of legitimate expectations – Restitution of sums paid but not due – Remedies – National legislation – Curtailment of the limitation period for the applicable remedies without notice and retroactively Judges: M Ilesic P Citations: [2013] EUECJ C-362/12, C-362/12, [2014] … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 12 Dec 2013

Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 5 Sep 2013

ECJ Opinion – Recovery of national taxes which are contrary to European Union law – Limitation period for instituting proceedings – National legislation curtailing the limitation period with retroactive effect and without advance notice Judges: Wathelet AG Citations: C-362/12, [2013] EUECJ C-362/12 Links: Bailii Jurisdiction: European Citing: See Also – Test Claimants In The FII … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 5 Sep 2013

Test Claimants In The FII Group Litigation v The Commissioners For Her Majesty’s Revenue and Customs: ECJ 19 Jul 2012

ECJ Articles 49 TFEU and 63 TFEU – Payment of dividends – Corporation tax – Case C-446/04 – Test Claimants in the FII Group Litigation – Interpretation of the judgment – Prevention of economic double taxation – Equivalence of the exemption and imputation methods – Meaning of ‘tax rates’ and ‘different levels of taxation’- Dividends … Continue reading Test Claimants In The FII Group Litigation v The Commissioners For Her Majesty’s Revenue and Customs: ECJ 19 Jul 2012

Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 22 Nov 2012

ECJ Environment – Special conservation areas – Assessment of the impact of a plan or project on a protected site – Adverse effect on the integrity of the site Citations: C-258/11, [2012] EUECJ C-258/11 Links: Bailii Jurisdiction: European Cited by: Opinion – Minister For The Environment, Heritage And Local Government v An Bord Pleanala ECJ … Continue reading Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 22 Nov 2012

Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989

The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision. Held: Judgment obtained in a party’s absence due entirely to the fault of that party or his advisor was not one obtained in breach of the rules of natural justice … Continue reading Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989

Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006

The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding of guilt: when it ordered the suspension, the Public Prosecutor’s Office had stated that ‘(the) … Continue reading Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006

Clarke v Firecrest Compartmentation Ltd: NIIT 7 Oct 2011

NIIT (A) The claimant’s redundancy payment claim against Firecrest Compartmentation Ltd is not well-founded and accordingly it is dismissed. (B) I am satisfied that the claimant is entitled to a redundancy payment of andpound;8,550 from Firecrest (NI) Ltd. (C) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (‘the 1996 Order’), I … Continue reading Clarke v Firecrest Compartmentation Ltd: NIIT 7 Oct 2011

Dodov v Bulgaria: ECHR 17 Jan 2008

The applicant’s mother, who had Alzheimer’s lived in a nursing home needing constant supervision. She was left alone in a courtyard and disappeared. There had been negligence by staff in leaving her alone. The applicant complained to the prosecutor’s office about the conduct of the staff, but the criminal investigation was discontinued. The prosecutor’s office … Continue reading Dodov v Bulgaria: ECHR 17 Jan 2008

Foggia-Sociedade Gestora De Participacoes Sociais (Taxation): ECJ 10 Nov 2011

ECJ Approximation of laws – Directive 90/434/EEC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Article 11(1)(a) – Valid commercial reasons – Restructuring or rationalisation of the activities of companies participating in operations – Definition Judges: M. Safjan, P Citations: … Continue reading Foggia-Sociedade Gestora De Participacoes Sociais (Taxation): ECJ 10 Nov 2011

DD (Reiteration De L’Audition D’Un Temoin) (Judgment): ECJ 15 Sep 2022

Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Reinforcement of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings – Article 8(1) – Right of an accused person to attend his trial – Hearing of a prosecution … Continue reading DD (Reiteration De L’Audition D’Un Temoin) (Judgment): ECJ 15 Sep 2022

Mcvicar v The United Kingdom: ECHR 7 May 2002

It was not inconsistent with article 6 to expect both claimants and defendants in defamation proceedings to act in person. Citations: 46311/99, [2002] ECHR 431, (2002) 35 EHRR 22, [2002] ECHR 436 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6 Jurisdiction: Human Rights Citing: See also – Christie v Wilson and Others CA … Continue reading Mcvicar v The United Kingdom: ECHR 7 May 2002

Medi v OHMI- Deutsche Medien Center (Deutschemedi.De): ECFI 6 Oct 2011

ECFI Community trade mark – Opposition proceedings – Application for Community word mark deutschemedi.de – Earlier Community word mark World of medi, national brands medi.eu figurative and word marks, welt medi, medi-Verband, media and business name and company name previous medi – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 … Continue reading Medi v OHMI- Deutsche Medien Center (Deutschemedi.De): ECFI 6 Oct 2011

Finanzamt Deggendorf v Markus Stoppelkamp: ECJ 6 Oct 2011

ECJ VAT – Sixth Directive – Article 21(1)(b) – Determination of the place of reference for tax purposes – Services provided by a supplier residing in the same country as the customer but having established the seat of his economic activities in another country – Concept of ‘taxable person established abroad’ Judges: Levits P Citations: … Continue reading Finanzamt Deggendorf v Markus Stoppelkamp: ECJ 6 Oct 2011

Seven v OHMI- Seven For All Mankind (Seven For All Mankind): ECFI 6 Oct 2011

ECFI Community trade mark – Opposition proceedings – Application for Community word mark SEVEN FOR ALL MANKIND – Earlier Community and international figurative marks containing the word element ‘seven’ – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 Citations: T-176/10, [2011] EUECJ T-176/10 Links: … Continue reading Seven v OHMI- Seven For All Mankind (Seven For All Mankind): ECFI 6 Oct 2011

AJ v Commission: ECJ 29 Sep 2011

ECJ (Staff Regulations) French Text – Public service – Officials – Promotion – Articles 43 and 45 of the Statute – Evaluation Report – Manifest error of assessment – Motivation Citations: 80/10, [2011] EUECJ 80/10 Links: Bailii European Updated: 20 September 2022; Ref: scu.444916

NS v Secretary of State For The Home Department: ECJ 22 Sep 2011

ECJ Opinion – (Principles Of Community Law) Regulation (EC) No 343/2003 – Transfer of asylum seekers to the Member State responsible for examining the asylum application – Obligation on the transferring Member State to exercise the right to assume responsibility for the examination itself under Article 3(2) of Regulation No 343/2003 – Compatibility of the … Continue reading NS v Secretary of State For The Home Department: ECJ 22 Sep 2011

Galan Girodit v OHIM: ECJ 15 Sep 2011

ECJ (Staff Regulations) French Text – Civil Service – Temporary staff – Article 8 of the CEOS – Clause terminating the contract if the agent is not on the reserve list of competition – Open competition OHIM/AST/02/07 – Act adversely affecting Citations: 7/10, [2011] EUECJ 7/10 Links: Bailii Jurisdiction: European Employment Updated: 19 September 2022; … Continue reading Galan Girodit v OHIM: ECJ 15 Sep 2011

Centrotherm Clean Solutions v OHMI – Centrotherm Systemtechnik (Centrotherm): ECFI 15 Sep 2011

ECFI Community trade mark – Revocation proceedings – Community word mark CENTROTHERM – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 Citations: T-427/09, [2011] EUECJ T-427/09 Links: Bailii Statutes: Regulation (EC) No 207/2009 51(1)(a) European, Intellectual Property Updated: 19 September 2022; Ref: scu.444372

Centrotherm Systemtechnik v OHMI – Centrotherm Clean Solutions (Centrotherm): ECFI 15 Sep 2011

ECFI Community trade mark – Revocation proceedings – Community word mark CENTROTHERM – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 – Examination of the facts of the Office’s own motion – Article 76(1) of Regulation No 207/2009 – Admissibility of new evidence – Article 76(2) of Regulation No 207/2009 … Continue reading Centrotherm Systemtechnik v OHMI – Centrotherm Clean Solutions (Centrotherm): ECFI 15 Sep 2011

Germany v Commission: ECJ 15 Sep 2011

ECJ (State Aid) French Text – Appeal – State aid – Introduction of digital terrestrial television in Berlin-Brandenburg – Article 87, paragraph 3 c) EC – Market failure – Proportionality – the technological neutrality – Incentive effect Citations: C-544/09, [2011] EUECJ C-544/09 Links: Bailii European Updated: 19 September 2022; Ref: scu.444379

Westland Geoprojects Holdings Ltd v Revenue and Customs: FTTTx 23 Jun 2011

Appeal against the imposition of a C18 customs debt for the late submission of a C99 – whether the Appellant who claimed it had been sent to NIRU should have checked that it had safely arrived having previously been warned by them on a previous late submission that should it happen again the debt would … Continue reading Westland Geoprojects Holdings Ltd v Revenue and Customs: FTTTx 23 Jun 2011